The Secretary, Prime Minister's Department, has forwarded the following memorandum for advice:

On 19 February 1917, the following telegram was received from the Premier of South Australia, addressed to the Prime Minister:

Please advise whether under [recently] issued regulations War Precautions Act owners may immediately remove cattle from Queensland, without restriction. We desire authority for [five named persons and their locations in Queensland] to bring cattle this State as has been the custom until action Queensland Government. Vaughan, Premier.

This telegram was submitted to Mr Hughes who endorsed it with the word 'Yes' and initialled same. On 21 February the following telegram was sent addressed to the Hon. Crawford Vaughan, Premier, Adelaide:

Your telegram nineteenth instant application on behalf [the five named persons] to bring cattle to South Australia approved.

On 6 March, the following letter was posted addressed to the Secretary, The Premier's Office, Adelaide:

With reference to the telegram of the Hon. the Premier of South Australia dated 17th ultimo, applying on behalf of [the five named persons] for permission to remove stock from Queensland to South Australia, I beg by direction to inform you that in pursuance of the War Precautions (Meat) Regulations, permits have been issued and are forwarded herewith.

Accompanying this letter, permits were sent made out in the names of [the five named persons]-each of these permits being signed by the Minister of Defence, the Hon. G.F. Pearce. Each permit was sent in duplicate, with typewritten instructions to return the duplicate to this office as soon as the removal of the stock over the Queensland border had been effected.

The Premier of South Australia now writes (26.3.17) advising that the Hon. John Lewis [the first of the five named persons] intimates that the Queensland Government disputes his right to remove cattle, and inquires on behalf of the holders of the permits whether the Commonwealth Government will indemnify them in the event of the Queensland Government bringing an action against them for the removal of stock.

In my opinion, the War Precautions (Meat) Regulations, under which the permit is granted, are valid, and an action by the State of Queensland, against a person removing stock under a permit granted under the Regulations, ought to be unsuccessful.

The State of Queensland has commenced an action in the High Court, against the Commonwealth, to test the validity of the Regulations.

There is no duty or obligation on the Commonwealth Government to indemnify the parties who act under the Regulations against legal proceedings by the State.

Whether such an indemnity should be given is a matter of policy. I am not aware of any case in which such an indemnity has been given, and I would not recommend it in this case.

[Vol. 15, p. 154]

1. This opinion is unsigned in the Opinion Book, but it is attributed to Sir Robert Garran.